1
Cri. B.A. No.1741/2022
(CNR NO.MHCC02-009483-2022)
IN THE COURT OF SESSIONS FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1741 OF 2022
IN
C.R.NO. 390 OF 2022 & 91 OF 2022
1.Prabhuprasad Karuprasad Keshri.
Age: 45 yrs.
R/a.Mez Irani Chawl 96,
Nimkar Rd. Navghar Gaon,
Mumbai Central, Mumbai.
2. Awadhesh Sahdev Aadar @ Awadesh Yadav
Age: 33 yrs.
R/a. 1st Floor, Noor Mohd. Bldg,
V. P. Road, Girgaon,
Mumbai
3. Mohammad Arif Ansari
Age: 41 yrs.
R/a. Ground Floor, Noor Mohd. Bldg.,
V. P. Road, Girgaon,
Mumbai
4.Sandeep Mansingh @ Nansingh Sonar
Age: 47 yrs.
R/a. Room No.32, Ground floor,
Anand Wadi, Antop Hill,
Mumbai-37
5. Keshwar Jitlas Shah @ Saw
Age: 34 yrs.
R/a. 3rd Floor, Noor Mohd. Bldg,
V. P. Road, Girgaon,
Mumbai.
6. Surendra Banwari @ Vanwari Yadav
Age: 47 yrs.
R/a. 2nd Floor, Noor Mohd. Bodg,
V. P. Road, Girgaon,
Mumbai.
7. Nanje Chike Gouda @ Nanjegowda
Age: 45 yrs.
R/a. Ground Floor, Noor Mohd. Bldg,
V. P. Road, Girgaon,
Mumbai
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8. Vishnu Bahadur Tilak Singh
Age: 58 yrs.
R/a. A-204, Nav Sujata CHS,
Navghar Road, Bhayander,
Thane.
9. Smt. T. Mariyamma Das
Age: 46 yrs.
R/a. 2nd Floor, Noor Mohd. Bldg,
V. P. Road, Girgaon,
Mumbai.
10. Meena Chandrappa Gauda
Age: 43 yrs.
R/a. Ground Floor, Noor Mohd. Bldg,
V. P. Road, Girgaon,
Mumbai.

..Applicants/Accused
Vs.
The State of Maharashtra,
(At the instance of D.C.B. C.I.D.,
S.S. Branch C.R. No.91 of 2022),
(D.B. Marg, Police Station
C.R. No.390 of 2022)
..Respondents
CORAM:H. H. THE ADDITIONAL SESSIONS JUDGE
MRS. MADHURI M. DESHPANDE
(Court Room No.41)
DATE : 01st August, 2022.
Adv. Dave for Applicants.
APP Mrs. Meera Choudhari for State.

ORDER
1]
This is an application filed by the applicants under
Section 439 of the Code of Criminal Procedure, praying for
releasing them on bail in connection with C.R. No.390/2022
registered with D.B.Marg Police Station, and C.R.No.91/2022
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Cri. B.A. No.1741/2022
D.C.B. C.I.D., S.S. Branch Mumbai under Sections 370, 34 of IPC
r/w. 3, 4, 5, 7(1)(b) PITA Act.
2]
Prosecution story in short is that, complainant Sayali
Vijay Talekar P.C. No.113201 of D.B.Marg Police Station lodged
report to D.B.Marg Police Station interalia contending that,
accused persons in furtherance of their common intention were
getting
prostitution
business
done
from
the
victims
and
maintaining themselves on the income of the said business. On
these allegations, the complainant lodged report and offence
punishable under section 370, 34 of Indian Penal Code r/w. 3, 4, 5,
7(1)(b) PITA Act came to be registered against the accused vide
crime No.390/2022.
3]
The contention of the accused/applicants is that they
have not committed any offence as alleged, and they have been
falsely implicated in the present crime. No role has been attributed
to them. They have not committed any offence either under I.P.C.
or I.T.P.A. In the present case 33 victims allegedly rescued and they
were between the age 25 years to 42 years and they were
medically examined and were found major. And they were doing
this prostitution activity according to their wish, so that the section
of human trafficking cannot be levied on the present applicants.
There is no recovery or discovery at his instance. The applicants
are permanent residence of address in the cause title and if
released on bail there is no chance of absconding or tampering
prosecution evidence. There are dependents on the applicants and
severe prejudice at injustice would be caused to the applicant and
his family members. They have no criminal antecedent, Nothing is
to be recovered or discovered at the instance of the applicant.

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They are ready and willing to co-operate with the police machinery
as and when called. They shall not tamper with the prosecution
witnesses and they will not pressurize or give any false assurance
to any of the witnesses. They are ready and willing to abide by any
conditions imposed by the Court. Lastly, they prayed to release
them on bail.
4]
The prosecution has opposed the application by filling
say at Exh.2 on the ground that, if applicants/accused are released
on bail, they will pressurize the prosecution witnesses and
complainant. Offence is serious in nature.

If applicants/accused
are released on bail, they will flee from the Court of justice.
Hence, it prayed to reject the application.
5]
Heard learned A.P.P for the State and learned counsel
for the accused and gone through the record.
6]
In view of these facts, following points arise for
determination and findings thereon are recorded against each of
them, for the reasons stated below :
Sr.
No.

POINTS
1) Whether the accused is entitled for bail ?
2) What order ?

FINDINGS
Yes.
As per final order.

REASONS
Point No.1 :7]
On perusal of contents of FIR, it appears that the
Sayali Vijay Talekar WPC No.113201 of D.B.Marg Police Station
lodged report to D.B.Marg Police Station on 07.07.2022 at about
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Cri. B.A. No.1741/2022
11.30 p.m. Noor Mohd. Bldg and White house Bldg Opposite
Queen Marry School, V.P. Road, Mumbai, as prostitution business
is being run by the applicants, from where he has rescued 33
victims.

All victims are major. Accused are arrested on
08/07/2022. The prosecution has not prayed for further detention
of the accused for further investigation. The victims have not made
allegations against the accused that They have compelled them to
do prostitution business. The apprehension of the prosecution is
only that, if they are released on bail, they will pressurize the
prosecution witnesses, and they will tamper the prosecution
evidence and will flee from the Court of justice. The apprehension
of the prosecution can be taken care of by imposing certain
stringent conditions.
8]
Considering these facts and circumstances of the
present offence, I am of the view that, it will be just and proper to
allow this application and to release the applicants on bail
imposing some conditions. Hence, the following order :ORDER
1)
Cri. Bail Application No.1741 of 2022 is allowed.

2)
The applicants Accused No.1 Prabhuprasad Karuprasad
Keshri, Accused No.2 Awadhesh Sahdev Aadar @ Awadesh
Yadav, Accused No.3 Mohammad Arif Ansari, Accused No.4
Sandeep Mansingh @ Nansingh Sonar, Accused No.5
Keshwar Jitlas Shah @ Saw, Accused No.6 Surendra Banwari
@ Vanwari Yadav, Accused No.7 Nanje Chike Gouda @
Nanjegowda, Accused No.8 Vishnu Bahadur Tilak Singh,
Accused No.9 Smt. T. Mariyamma das and Accused No.10
Meena Chandrappa Gauda be released on bail for the offence
punishable under sections 370, 34 of Indian Penal Code r/w.
3, 4, 5, 7(1)(b) PITA Act in crime C.R. No.390/2022
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registered with D.B.Marg Police Station, and C.R.No.91/2022
D.C.B. C.I.D., S.S. Branch Mumbai, on P.R. Bond of
Rs.15,000/- each with one solvent surety in like amount, on
the following conditions :a)
The applicants shall not directly or indirectly make any
inducement, threat or promise to any person acquainted
with the facts of the case, so as to dissuade him from
disclosing such facts to the Court.

b)
The applicants shall not tamper with the evidence.

c)
The applicants shall remain present before the Court on
each and every date till the completion of trial.

d)
The applicants shall not leave India without permission
of the Court.

e)
The applicants shall not commit similar type of offence in
future.

f)
The applicants shall furnish his permanent address and
temporary address, if any, and his contact details to the
concerned Court.

g)
The applicants shall not change his residential address
without prior intimation to the Investigation Officer and
to the concerned Court.

h)
If the applicants disobeyed any of the above condition,
the prosecution is at liberty to move the Court for
cancellation of bail.

3]
Bail before lower Court.

4)
Cri. Bail Application No. 1741 of 2022 is hereby
off accordingly.
MADHURI
MILIND
DESHPANDE
01/08/2022
Date of Dictation
: 01/08/2022
Date of Transcription : 01/08/2022
Date of signature
: 01/08/2022
disposed
Digitally signed by
MADHURI MILIND
DESHPANDE
Date: 2022.08.01
17:48:56 +0530
(Mrs. Madhuri M. Deshpande)
Addl.Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
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Cri. B.A. No.1741/2022
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date
01/08/2022
Upload Time
Name of Stenographer
05.50 P..M.

Name of the Judge (With Court Room No.)

Mr. A. S. PATIL
HHJ Mrs. Madhuri
Deshpande (CR 41)
Date of Pronouncement of JUDGEMENT
/ORDER
01/08/2022
JUDGEMENT /ORDER signed by P.O. on
01/08/2022
JUDGEMENT /ORDER uploaded on
01/08/2022
M.